EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0508*
SENATE BILL 508
M4 3lr1071
SB 1006/22 – EHE CF 3lr1200
By: Senators Elfreth and Feldman
Introduced and read first time: February 3, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Hemp Farming Program – Use of Hemp and Hemp Products in Consumable 2
Products 3
FOR the purpose of altering the definitions of “hemp” and “hemp product” in provisions of 4
law relating to the Hemp Farming Program; authorizing a person that produces 5
hemp or a hemp product in accordance with the Program to include the hemp or 6
hemp product in consumable products for sale by the per son under certain 7
circumstances; and generally relating to the use of hemp in consumable products. 8
BY repealing and reenacting, with amendments, 9
Article – Agriculture 10
Section 14–101, 14–201, 14–202(e), 14–301, and 14–309 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2022 Supplement) 13
BY adding to 14
Article – Agriculture 15
Section 14–303.1 16
Annotated Code of Maryland 17
(2016 Replacement Volume and 2022 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Agriculture 21
14–101. 22
(a) In this title the following words have the meanings indicated. 23
(b) “Fund” means the Hemp Farming Fund established under § 14–304 of this 24 2 SENATE BILL 508
title. 1
(c) [(1) “Hemp” means the plant Cannabis sativa L. and any part of that plant, 2
including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, 3
whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not 4
exceed 0.3% on a dry weight basis. 5
(2) “Hemp” does not include any plant or part of a plant intended for a use 6
that is regulated under Title 13, Subtitle 33 of the Health – General Article. 7
(d) “Hemp product” means a product derived from hemp produced in accordance 8
with Subtitle 3 of this title. 9
(e)] “Independent testing laboratory” has the meaning stated in § 13–3301 of the 10
Health – General Article. 11
[(f)] (D) “Institution of higher education” has the meaning stated in the federal 12
Higher Education Act of 1965. 13
14–201. 14
(A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 17
OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 18
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR NOT, WITH 19
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 20
0.3% ON A DRY WEIGHT BASI S. 21
(2) “HEMP” DOES NOT INCLUDE ANY PLANT OR PART OF A P LANT 22
INTENDED FOR A USE T HAT IS REGULATED UND ER TITLE 13, SUBTITLE 33 OF THE 23
HEALTH – GENERAL ARTICLE. 24
(C) “Program” means the Hemp Research Pilot Program. 25
14–202. 26
(e) In order to carry out the purpose of the Program: 27
(1) To the extent necessary, the Department or an institution of higher 28
education may contract with a person to grow or cultivate hemp; and 29
(2) A person that grows or cultivates hemp under the Program may 30
purchase or otherwise obtain seeds that produce plants that meet the definition of “hemp” 31
under [§ 14–101] § 14–201 of this [title] SUBTITLE. 32 SENATE BILL 508 3
14–301. 1
(A) In this subtitle[,] THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) (1) “HEMP” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART 4
OF THAT PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 5
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR NOT, WITH 6
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 7
0.3% ON A DRY WEIGHT BASI S. 8
(2) “HEMP” INCLUDES COMPOUNDS T HAT OCCUR IN THE PLA NT 9
CANNABIS SATIVA L. THAT IMPART SMELL , TASTE, OR BOTH SMELL AND TA STE. 10
(3) “HEMP” DOES NOT IN CLUDE ANY PLANT OR PART OF A P LANT 11
INTENDED FOR A USE T HAT IS REGULATED UND ER TITLE 13, SUBTITLE 33 OF THE 12
HEALTH – GENERAL ARTICLE. 13
(C) (1) “HEMP PRODUCT ” MEANS A PRODUCT DERI VED FROM HEMP 14
PRODUCED IN ACCORDAN CE WITH THIS SUBTITL E. 15
(2) “HEMP PRODUCT ” INCLUDES: 16
(I) A PLANT, OR ANY PART OF A PLA NT, WITH A 17
DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION THAT D OES NOT EXCEED 1% 18
ON A DRY WEIGHT BASI S; AND 19
(II) ACIDIC FORMS OF CANNA BINOIDS EXTRACTED IN A 20
COMMERCIAL KITCHEN F ROM THE PLANT CANNABIS SATIVA L., INCLUDING: 21
1. TETRAHYDROCANNABINOLI C ACID; AND 22
2. CANNABIDIOLIC ACID . 23
(D) “Program” means the Hemp Farming Program. 24
14–303.1. 25
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT 26
PRODUCES HEMP OR A H EMP PRODUCT IN ACCOR DANCE WITH THIS SUBTITLE MAY 27
INCLUDE THE HEMP OR HEMP PRODUCT IN CONS UMABLE PRODUCTS FOR SALE BY 28
THE PERSON. 29
(B) (1) BEFORE A PERSON MAY O FFER FOR SALE A CONS UMABLE 30 4 SENATE BILL 508
PRODUCT THAT INCLUDE S HEMP OR A HEMP PRO DUCT, THE PERSON SHALL ENS URE 1
THAT THE HEMP OR HEM P PRODUC T IS TESTED BY AN IN DEPENDENT TESTING 2
LABORATORY TO ENSURE : 3
(I) THE HEMP OR HEMP PROD UCT MEETS APPLICABLE SAFETY 4
STANDARDS; AND 5
(II) THE DELTA–9–TETRAHYDROCANNABINOL 6
CONCENTRATION OF THE HEMP PRODUCT DOES NO T EXCEED 1% ON A DRY WEIGHT 7
BASIS. 8
(2) IF A PERSON PRODUCES A HEMP PRODUCT THAT EXCEEDS A 9
DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION OF 1% ON A DRY WEIGHT 10
BASIS, THE PERSON MAY INCLU DE THE HEMP PRODUCT IN CONSUMABLE PRODUC TS 11
FOR SALE BY THE PERS ON IF THE HEMP PRODU CT IS DILUTED TO AN ALLOWABLE 12
CONCENTRATION CONFIR MED BY AN INDEPENDENT TE STING LABORATORY . 13
14–309. 14
(a) (1) A person may not knowingly: 15
(i) Fail to comply with the Department’s plan for monitoring and 16
regulating the production of hemp established under § 14–305 of this subtitle; 17
(ii) Misrepresent or fail to provide the legal description of land on 18
which hemp is produced; 19
(iii) Produce hemp without a valid license; [or] 20
(iv) Produce plants, or any part of a plant, that exceeds a 21
delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis; OR 22
(V) PRODUCE A HEMP PRODUC T THAT EXCEEDS A 23
DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION OF 1% ON A DRY WEIGHT 24
BASIS. 25
(2) The Department shall report a person that knowingly violates this 26
subtitle to the Attorney General and the U.S. Attorney. 27
(b) (1) If the Department determines that a person negligently violated this 28
subtitle, the Department shall require the person to correct the violation, including 29
requiring that: 30
(i) The violation be corrected by a reasonable date; and 31
SENATE BILL 508 5
(ii) The person report to the Department, at a frequency determined 1
by the Department and for a period of not less than 2 calendar years, to verify compliance 2
with this subtitle. 3
(2) If a person is found by the Department to have negligently violated this 4
subtitle three times in a 4–year period, the person may not produce hemp in the State for 5
a period of 5 years beginning on the date of the third violation. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take ef fect July 7
1, 2023. 8